Initial Report and Recommendations - Alaska Department of Law

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Ideal Status:Mandatory training yearly for court personnel/judges coordinated with victims services providers.Same for tribal court (for state court - this is in statute already – AS 18.66.310).Structural Barriers (e.g., statutes, regulations, etc.):Judges are burned out on DV/SA cases. There is a perception that sporadic training is enough ofa problem that it is counterintuitive and requires repeated, intensive training to counteractstereotypes/judges want to be trained by judges.Option(s):Need consistent annual training for all court personnel and judges.Training should be coordinated with CDVSA or ANDVSA.Court system should hold regular forums in rural areas for judges and court personnel to dialogueon issues affecting DV/SA victims and child abuse.________________________________________________________________________Recommendation 47 (D-CI 4)Statement of problem:There is a need for more culturally sensitive forensic services in remote communities statewide toensure better protection for DV/SA and child abuse victims.Current Status:a) While Alaska State Troopers are primary investigators for child abuse and DV/SA statewidefor purposes of criminal prosecution, there are insufficient numbers of troopers or VPSO’s toprovide viable forensic response to investigation (time delays cause loss of evidence), andinvestigators often do not have sufficient cultural understanding to communicate well withwitnesses and victims in villages; in Bethel Yupik-speaking women have been used to conductinterviews with great success; state does not recognize tribal policing, and therefore is unwillingto offer formal training to tribal police, who are often the first responders in villages, to assistwith forensic investigation.b) Forensic Interview Training – OCS has training in place; Law Enforcement.Ideal Status:a) State, tribal and federal governments work cooperatively to maximize the collection of forensicevidence that is necessary to ensure protection of child abuse and DV/SA victims in remotecommunities.b) Train more culturally competent female interviewers.c) Regional expert available.Structural Barriers (e.g., statutes, regulations, etc.):Attitudes; cross-cultural understanding; availability of resources.Option(s):Establish roving position within each region for highly-trained forensic investigator who hascultural skills necessary to communicate within cultures served; 145 train tribal police to the samedegree that AST and other municipal police officers and investigators receive forensic training. 146________________________________________________________________________Recommendation 48 (D-DS 27)Statement of problem:Lack of information/data regarding Law Enforcement response to DV/SA and abuse of minors.Current Status:Grant through UAA to examine issues associated with sexual assault investigations.Ideal Status:145 The footnote for this option is in the Report narrative.146 The footnote for this option is in the Report narrative.Alaska Rural Justice and Law Enforcement Commission - Page 107
Sufficient information/data available confirming that DV/SA and abuse of minors are adequatelyinvestigated by Law Enforcement.Structural Barriers (e.g., statutes, regulations, etc.):Data are collected but not regularly evaluated.Option(s):Internal/External quality control audits by Law Enforcement to provide sufficientinformation/data confirming Law Enforcement is adequately responding to DV/SA and abuse ofminors.________________________________________________________________________Recommendation 49 (D–AJ 1)Statement of problem(s):a) People do not have access to sufficient civil legal assistance to redress legal problems. 147b) There is no legal service provider that specializes in immigration and refugee services forvictims of DV/SA.Current Status:Alaska Legal Services has offices in Bethel, Fairbanks, Anchorage, Juneau, Ketchikan(paralegal), Kotzebue, Dillingham and Nome.ANDVSA Pro Bono Program accesses rural areas through pro bono attorneys and legal advocatesat 20 member programs that provide legal assistance to DV/SA victims and children.Tribal courts provide alternate to state courts for some rural areas and obviate need for attorneyand formal legal process. Immigration Refugee Services Program no longer exists.Ideal Status:Legal services offices in every rural area with regional rural hub. Extensive travel budgetsallowing frequent bush/intake. Legal centers in every rural area that know all the legal resourcesfor DV/SA victims and can serve as a point person to discuss options with person needingassistance and make referrals. Statewide hotline.Immigration and refugee services re-established in some capacity.Structural Barriers (e.g., statutes, regulations, etc.):Not enough funding for civil legal providers and DV/SA programs providing legal advocacy.Low pay and stress of these jobs lead to high turnover and less experienced staff. Urbanattorneys are reluctant to go into the bush. Travel is expensive.Option(s):More funding for civil legal needs state/local/private/federal.More use of tribal courts.Use of video conferencing to better provide representation to rural areas. 148 Recognition of Rightto Counsel in civil cases involving fundamental rights. Increased Federal funding for VAWALegal Assistance to Victims Grants.See "Options" submitted in Problem Area 1 of Development of Local Capacity Issues (i.e., D- LC1-1) regarding tribes and state reaching agreement on tribal jurisdiction, state reconsidering AGopinion dated October 1, 2004, and funding for tribal courts, which are incorporated here byreference.______________________________________________________________________________Recommendation 50 (D–AJ2)Statement of problem(s):Some victims are uncomfortable in accessing the state justice systems for cultural reasons orgeographical reasons. 149147 The footnote for this option is in the Report narrative.148 The footnote for this option is in the Report narrative.Alaska Rural Justice and Law Enforcement Commission - Page 108
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IntroductionFor years, Alaska Nativ
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In MemoriamEric D. JohnsonApril 27,
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continuous. Those who worked hardes
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Executive SummaryCreated by Congres
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8. Increase Access to Judicial Serv
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Chapter I. Statement of NeedThe Ala
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When domestic violence services are
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With the advent of statehood in 195
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Village Council Presidents, Bristol
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“[M]any of the laws that we have
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“[W]e’re 10 times the national
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Great contrast exists today between
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The literature has often decried th
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Another resource on economic opport
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The continuing escalation of fuel c
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In 1999, in an effort to curb youth
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and follow-up contacts. Since it wa
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Chapter II. Charge to the Commissio
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♦ Gail Schubert, Executive Vice P
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additional time to a person speakin
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. Exchange of Information. The memb
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sheets that had been prepared by th
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Chapter IIIResponse and Recommendat
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• Developing voluntary memoranda
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example, during a protracted negoti
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staffing in Alaska is a significant
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history of being in a community for
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“The State of Alaska is mandated
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“The AFN Sobriety program provide
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community enhances alienation and i
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oth the state and the federal gover
Page 64 and 65: enforcement programs. In this proce
Page 66 and 67: skills necessary to communicate wit
Page 68 and 69: and others in the tribal community
Page 70 and 71: A Comparison of Alaska and the Lowe
Page 72 and 73: Map Showing the Location of All Ala
Page 74 and 75: Appendix BBiographical Sketchesof C
Page 76 and 77: Revenue. Mayor Botelho became Deput
Page 78 and 79: His wide range of experience includ
Page 80 and 81: Alaska Rural Justice and Law Enforc
Page 82 and 83: Workgroup MembersWorkgroup 1: Law E
Page 84 and 85: Appendix EPhotograph of Commissione
Page 86 and 87: Appendix FCommission Recommendation
Page 88 and 89: ) Power differential between govern
Page 90 and 91: 9. Adequate legal infrastructure to
Page 92 and 93: ___________________________________
Page 94 and 95: encouraged and permitted to partici
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Page 98 and 99: ___________________________________
Page 100 and 101: Impact Statement:More culturally ap
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Page 104 and 105: Option(s):a) Incorporating attitude
Page 106 and 107: Current Status:Youth Opportunity Gr
Page 108 and 109: Ideal Status:a) Aftercare programs
Page 110 and 111: issues; and in the event this becom
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Page 116 and 117: Current Status:In areas without an
Page 118 and 119: Rationale for Option:To reduce the
Page 120 and 121: All of the workgroups’ options ca
Page 122 and 123: • All available vehicles should b
Page 124 and 125: Appendix HAttachments for Recommend
Page 126 and 127: (2) materials and equipment used in
Page 128 and 129: under this section if the family me
Page 130 and 131: AS 04.11.140(g) package store licen
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Initial Report and Recommendations - Alaska Department of Law

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